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Child Protective Services (CPS) and Dependency Actions

Should I read this?

Yes, if:

You are a parent involved with CPS, but there is no court case. The first half of this

publication will help.

CPS has filed a court case to take your child from you. The most important part

to read starts with “Do I Need a Lawyer.”

If you or your children are domestic violence survivors and CPS is

investigating you because of the domestic violence, talk to a lawyer right

away. The Washington State Coalition against Domestic Violence’s Know

Your Rights When CPS Comes Knocking, available at wscadv.org, can help.

What is Child Protective Services (CPS)?

It is a state government agency. CPS has caseworkers and social workers. The state

Attorney General’s office represents CPS.

What does CPS do?

When someone reports child abuse or neglect, CPS must investigate. If there is immediate

danger, CPS must start investigating within 24 hours of getting a report. If there is no

immediate danger, CPS has up to 90 days.

CPS must notify both parents about the investigation, if they can find both.

CPS must try to find both parents.

What is child abuse?

Any of these:

physical abuse

neglect

sexual abuse

bad treatment putting the child in danger

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Can CPS talk to my child without my permission?

Yes, even if you are not the suspected abuser. During its investigation, the CPS caseworker

can interview your child and anyone else with useful info. The interview can be at any

suitable place, like school, home, or daycare. They do not need to ask or to notify you. CPS

can talk to the child alone or with a third person. The caseworker can take pictures of the

child.

Can I get info from CPS?

You have the right to see records and info CPS has collected about your child. There are

some exceptions. See RCW 13.50.100.

RCW stands for Revised Code of Washington. This is Washington’s state law.

Ask a CPS caseworker how to ask for these records. CPS must

give you the needed info

help you get the records

Will CPS give me all its info?

They might “black out” info they believe is confidential, like names of foster parents or the

person who called CPS. CPS does not have to give you witness statements or other parts of

the record that would tell you who called CPS.

What happens after the investigation?

CPS has 90 days from the date it gets a call to finish its investigation. It must then do one of

these:

end the investigation and close the file

file a dependency case in court

start a Family Assessment Response

What is a Family Assessment Response (FAR)?

The CPS worker who gets a report about your child may decide the abuse allegations do not

need investigating. They can offer you an alternative to an investigation called a Family

Assessment Response (FAR).

FAR workers do not investigate or make findings about abuse or neglect. They make safety

assessments and safety plans when they find safety threats.

The FAR lets you and CPS work to come up with a plan for services and support to keep

your child safe in your home. If you sign an agreement with the FAR worker, your family

can get services for up to 90 days.

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You do not have to take part in a FAR. If you do not agree to do the FAR, CPS

will investigate.

Even if you take part in a FAR, CPS could re-open the investigation of your

case if they learn something new leading them to believe your child is at risk.

How should I work with CPS?

Make sure you understand

the entire agreement

what the caseworkers say

CPS will give you an interpreter if you need one.

When meeting with a CPS caseworker, try to speak calmly and clearly. Ask to have a trusted

friend or relative with you. That person must not interfere with or be involved in the case.

Generally, you should

ask caseworkers questions

ask them to repeat what they have said

restate important issues in your own words so there is no misunderstanding

take notes

write down dates and times of all your calls to CPS

write down how you have tried to do what you agreed to in the FAR agreement

What if I feel CPS is treating me unfairly?

Write down every time you call CPS. If CPS does not call you back within several days, try to

reach the caseworker’s supervisor. If you still do not hear from the caseworker, call the

DSHS regional manager.

Can Office of the Family and Children’s Ombudsman (OFCO) help me?

Yes. OFCO is a voice for families under CPS supervision due to allegations or findings of

abuse or neglect. If it is not in your family’s or child’s best interest to go to CPS with your

complaint, or you went to them but did not get a good response, contact OFCO. The end of

this publication has contact info.

OFCO can

look at your CPS files

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ask officials or CPS management to investigate your complaint and make sure

someone does something

Do I need a lawyer?

In general, at the start of an investigation, or when you have a FAR agreement, you can deal

with CPS caseworkers yourself. If CPS or the court takes the children, or a caseworker files

a dependency court case, get a lawyer. See “What are my rights in a dependency action”,

below.

Parents can hire one lawyer to represent them both. If you are not living together, or are in

different situations, you may each want your own lawyer.

Do I have to pay for a lawyer?

Maybe. The court will review your financial situation to see if you are eligible for a free

court-appointed lawyer called a public defender.

What is a dependency action?

It is a Juvenile Court case the state starts to protect a child from harm within the family.

Filing a petition (written request) claiming the child is “dependent” starts the case.

What is a dependent child?

A dependent child is one of these:

abandoned, abused, or neglected by their parent, guardian, or custodian

has no parent, guardian, or custodian able to take good care of them, so there

is a danger of serious damage to the child

Who can file a dependency action?

Anyone, including a relative, can file. Usually, CPS files.

What will happen and when?

See the chart at the end of this publication.

Can CPS get a court order to take my child right away?

Yes. They can file a dependency petition when the child is still in your home. If they think

your child is in danger, they will ask for a court order letting them place the child in

temporary care.

You might not be there when they take your child. CPS must try to serve a copy of the

petition on you to notify you they have taken the child. They must try to place the child

with a relative or other suitable person requested by you.

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Can they remove my child from me without a court order?

Yes. Law enforcement can do this if they believe both of these are true: a child

is abused or neglected

will be hurt if not removed immediately

Hospitals and health care workers can hold children they think have been

abused or neglected, even if the parents object.

What is a Shelter Care - 72-Hour Hearing?

There must be a shelter care hearing within 72 hours of CPS removing the child from your

home. If CPS does not take the child, there must be a hearing within 72 hours of filing the

dependency petition.

At the 72-hour hearing, the judge decides both

if CPS should have taken the child

if it is safe for the child to return to or stay in the home

Judges rarely dismiss a case at this hearing.

If the child is to stay out of your home, the judge decides where the child will live until

there is a later, more in-depth hearing. The judge will ask CPS what it has done to try to

place the child with a relative. The judge decides

if the parents should visit the child

what social services you should get

whether to order medical, mental health, or drug or alcohol evaluations

The judge focuses on protecting the child and offering the parents services to

help them.

The judge cannot make you take exams, be evaluated, or use services. You must agree to

those. BUT the court can remove your child if you do not agree.

What happens at a Shelter Care – 30-Day Hearing?

There is a second hearing 30 days after the 72-hour hearing. The judge checks to see if the

situation has changed. CPS cannot place your child in shelter care for more than 30 days

without a court order.

What is a case conference?

There may be a case conference after the 30-day hearing. They must offer you a case

conference unless one of these is true:

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You do not want one.

You did not go to the 72-hour hearing.

At a case conference, you meet with your lawyer, the CPS social worker, and anyone else

involved in the dependency. You talk about

the service plan

if or how you can settle the case

anything else that would help the case move forward in a positive direction

Will there be a trial?

Maybe. The court will set a trial date for no later than 75 days after the filing of the petition.

Trial dates often are delayed.

CPS and parents agree to settle most dependencies. If you settle, there is no trial.

If you do go to trial, you and CPS can give testimony and evidence. There may be more

hearings after the trial, before the judge makes a ruling.

What is a dispositional order?

The settlement agreement or judge’s ruling, if there is a trial, will state if the child is

dependent. If so, there will be a “dispositional order” stating:

where your child will live

what social services you must complete to keep or get back your child

how CPS must help you

The goal is to reunite you with the child. If the child is staying in the home, the goal is to get

rid of risks to the child’s safety.

In the dispositional order, the judge usually lets you visit the child regularly, unless visits

are harming the child. The judge might order supervised visits. Relatives may supervise.

Generally, the judge cannot limit your visits to punish you for not following court orders or

using services. The judge will only think about limiting your visits when the child’s health,

safety, or welfare is at risk.

The child is not in my home. Will I have to pay child support?

Maybe. If you have a very low income, the Division of Child Support may delay collection.

What is an Initial Progress Review Hearing?

The court must review your case 90 days after the dispositional order OR six months after

CPS or the court removed the child from the home, whichever is sooner. At this hearing, the

judge decides if you and CPS have made progress towards completing the dispositional

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plan. The judge will return the child to you only if the reason the child was removed no

longer exists. The judge must also schedule a date to enter a “permanency plan of care.”

What is a Permanency Planning hearing?

It is the final result of this process. When CPS or the court removes a child from the home,

the court must enter a permanency plan as soon as possible, no more than twelve months

from the time CPS or the court removed the child, if possible.

What does a permanency plan say?

It could say one of six things:

1) Dismissal –all issues are addressed. The child goes back to you. The judge dismisses

the case.

2) Guardianship, also called Minor Guardianship or Title 13 RCW Guardianship – The

court places the child long-term with a guardian like a relative or foster parent. The

guardian is legally responsible for the child’s care. The court does not terminate

(end) your rights. When the court enters a guardianship order, it dismisses the

dependency. CPS stops providing services.

Any party to a dependency can ask the court to appoint a guardian for a child in

foster care. The hearing to decide if the child will get a guardian is part of the

dependency. Usually all parties must agree to the guardianship. The court forms for

guardianship are at

http://www.courts.wa.gov/forms/?fa=forms.contribute&formID=83.

In the past, courts did not dismiss dependencies after appointing a guardian.

CPS kept providing services. This has changed. Courts can now only continue

existing dependency guardianships or change them into guardianships on

request and dismiss the dependency.

3) Permanent Custody Order –A relative or other person can file a nonparent (third-

party) custody case asking for legal custody. If you agree this person should have

custody, the judge may order this and dismiss the dependency. Read Nonparent

Custody FAQ.

4) Long-Term Foster Care –This is usually when the child is near 18 and needs to live

outside your home. The court does not dismiss the dependency. The child grows up

in foster care. This can also happen when the child has serious disabilities and

needs long-term medical or therapeutic care outside the home.

5) Termination – In serious cases, the judge may end (terminate) your rights to the

child. You lose your rights and responsibilities. This frees the child for adoption.

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6) Independent Living –The judge can emancipate the child. The child no longer has

to live with you or a guardian. Read Emancipation of Minors in Washington State

available at washingtonlawhelp.org.

What if I am in jail or prison?

Under the Children of Incarcerated Parents Act, you have these rights:

To take part in a case conference to agree to a plan for services. You can take part by

conference call or videoconference if you cannot meet in person.

Where possible, the plan will include treatment options at your facility.

The plan must provide visitation, unless visits are not in the child’s best interests.

Usually, a court must consider ordering CPS to file for parental rights termination if

the child has been out of the home for fifteen of the last 22 months since the filing of

the dependency. If your incarceration is a major reason the child has been in foster

care for this time, you still have a real role in the child's life, and CPS has no other

reason to terminate your rights, the court can consider your circumstances.

Example: You are in jail. This causes you to have trouble keeping in contact with

the child.

If you face a long-term sentence, keep a meaningful role in the child's life, AND it is

in the child’s best interest, CPS should consider a permanent placement like

guardianship so you can keep a relationship with the child.

What is a GAL or CASA?

The judge can appoint a guardian ad litem (GAL) or court-appointed special advocate

(CASA) for the child. The GAL represents the child’s best interests. This might be different

from what the child wants. The GAL does not have to be a lawyer. CASAs are volunteer

GALs from the community. Read How to Work with GALs and Parenting Evaluators

available at washingtonlawhelp.org.

Does my child get a lawyer in a dependency?

A child can ask the court to appoint a lawyer to represent them in a dependency. The court

will look at the child’s age, if the child is in the State’s custody, if the child's interests are

aligned with others in the case, if the child disputes the facts, and if the child presents

complex argument against the State's proposed action. In re the Dependency of E.H. and

S.K.-P., WA. Sup. Ct. decided October 4, 2018.

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What if my child is Native American?

Special rules apply to Native American children in dependencies under the federal Indian

Child Welfare Act (ICWA). The ICWA defines an “Indian child” as an unmarried person

under age 18 who is one of these:

A member of an Indian tribe

Eligible for tribal membership and the biological child of a tribal member

The court checks if the Indian Child Welfare Act applies at the 72-hour

shelter care hearing.

The case may have to be in tribal court, not state court. It depends on the child’s tribe. The

tribe must get notice of the case. It may have the right to get involved.

The ICWA makes it harder to remove an Indian child from their home. It makes it harder to

take custody from you or terminate your parental rights. It says the court must place an

Indian child with relatives or in Indian foster care approved by the child’s tribe, unless

there is good reason not to.

Indian Child Welfare Act has more info at washingtonlawhelp.org.

What are my rights in a dependency?

You have the right to have a lawyer represent you. If you cannot pay for one, tell the

judge. The judge may appoint you one or direct you to the public defender’s office.

If you can pay for a lawyer, you must hire one. How to find a Lawyer has phone numbers

for lawyer referral services statewide.

You have the right to information. CPS must try to notify you as soon as possible

that they have taken your child into custody

why they took the child

what your legal rights are

The notice must be understandable, considering your primary language, education, and

cultural issues.

You have other rights:

To info about your child’s health, progress in school, and behavior

To work with CPS in making plans for you and your child

To know what CPS expects you to do before they will return the child

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To see CPS’ records and info on your child, with some exceptions - RCW 13.50.100

You have the right to services to help your family. DSHS provides some free services

directly. They might send you to an agency that charges for services. Your CPS worker may

be able to help you find housing, clothing, financial help, medical care, childcare, job

services, parenting classes, family planning services, transportation services, mental health

services, drug or alcohol abuse programs, and/or domestic violence or sexual assault

programs.

What are my responsibilities in a dependency?

It is your responsibility to support your child. The judge and CPS expect you to

contribute to the cost of your child’s care if your child is placed outside your home. You

should also provide your child clothes and personal items so they are comfortable in

someone else’s care.

How else can I help my child and myself?

Try to get other kinds of support. Try to form a network of family, friends, and

community professionals who care about you and your family and who can help out, if

needed. It can help to have family, friends, church members, counselors and others tell the

judge good things about you and your family.

Keep records showing:

your family’s medical and dental care

any services you are using

how you are following court orders

any other proof showing how you are caring for yourself and your children

Follow advice and use services of teachers, medical providers, and counselors working

with you and your children whenever you can.

Keep in touch. Try to visit your child regularly, as the court order allows. If you cannot

make a visit, tell the caseworker beforehand.

Keep in regular contact with your lawyer and caseworker. Tell them about changes in

address, phone number, job, income, or living arrangements. If you cannot keep an

appointment, let them know beforehand.

Where can I learn more?

Office of the Family and Children’s Ombudsman (OFCO)

By phone: (206) 439-3870; 1-800-571-7321; (206) 439-3789 TTY

Children’s Administration Case Services Policy Manual - has the written agency rules

CPS must follow when investigating a case or providing services.

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Services for Parents

Washington State Domestic Violence 24-hour Hot Line 1-800-562-6025

(Voice/TTY)

Parent Trust: Free or low-cost classes, workshops and coaching for parents

statewide

Family Help Line: 1-800-932-4673 weekdays 9-5

Substance Abuse & Mental Health Services Administration, U. S. Dept. of

Health

Treatment Referral Helpline: 1-800-662-HELP (4357) or 1-800-487-4889

(TDD).

Free and confidential info in English and Spanish if you or a loved one faces

substance abuse and mental health issues. 24 hours a day, seven days a week.

Child Care Resource and Referral Network

By phone: (206) 329-5544 or toll-free: 1-877-512-3948 - King County

(Seattle, Redmond, Kent)

(425) 591-4213 - Snohomish County

(253) 591-2025 - Pierce County

1-800-446-1114 - Washington State

For referral to social services such as counseling, parenting classes, daycare assistance, and

employment assistance, dial 2-1-1, anywhere in Washington State.

What if I need legal help?

Apply online with CLEAR*Online - https://nwjustice.org/get-legal-help

or

Call CLEAR at 1-888-201-1014

CLEAR is Washington’s toll-free, centralized intake, advice and referral service for low-

income people seeking free legal assistance with civil legal problems.

Outside King County: Call 1-888-201-1014 weekdays 9:15 a.m. - 12:15 p.m.

King County: Call 211 for info and referral to an appropriate legal services provider

weekdays 8:00 am – 6:00 pm. You may also call (206) 461-3200, or toll-free 1-877-

211-WASH (9274). You can also get info on legal service providers in King County at

www.resourcehouse.com/win211/.

Persons 60 and Over: Seniors age 60 or over may call CLEAR*Sr at 1-888-387-

7111, regardless of income. Assets limits may apply. Seniors in King County may

call 2-1-1.

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Deaf, hard of hearing or speech impaired callers can call CLEAR or 211 (or toll-free 1-877-

211-9274) using the relay service of their choice.

211 and CLEAR will conference in interpreters when needed at no cost to callers.

Northwest Justice Project gratefully acknowledges the work of Legal Voice, whose original publication we largely adapted here.

This publication provides general information concerning your rights and responsibilities. It is not intended as a substitute for specific legal advice.

This information is current as of October 2018.

© 2018 Northwest Justice Project — 1-888-201-1014.

(Permission for copying and distribution granted to the Alliance for Equal Justice and to individuals for non-commercial purposes only.

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JUVENILE COURT DEPENDENCY PROCEEDINGS

Shelter Care Hearing Fact-Finding Hearing Disposition Hearing Initial Progress Review Hearing

Permanency Planning Hearing

Time Frame: Within 72 hours of placement

Time Frame: Within 75 days of filing of petition

Time Frame: At Fact-Finding or within 14 days of Fact-Finding

Time Frame: 90 days after the entry of the dispositional order or six months from out-of-home placement, whichever is earlier.

Time Frame: Between 9 to 18 months (depending on child’s age) after child’s out-of-home placement

Issues: Placement Home Relative Responsible adult Foster care Group care

Visitation Supervised Unsupervised Frequency

Parent Choices: Agree/cooperate Compromise/negotiate Disagree

Issues: Determine facts as

alleged in petition Determine legal

sufficiency

Parent choices: Agree/cooperate Compromise/negotiate Disagree/go to trial

Types of dependency: In-home with services Out-of-home with

services

Issues: Placement

Home Relative Responsible Adult Foster care Group Care

Visitation

Supervised Unsupervised Frequency

Example of Services: Evaluations Parenting classes Counseling Substance abuse

counseling Anger management Domestic violence

classes Sexual offender

treatment Victim/survivor

treatment

Issues: Progress & compliance with court order Services Placement Visitation if not

returned home Continue Dependency

or dismiss

Issues: Permanent Plan determined by court: Continue Dependency Dismissal Return home Long-term foster care Permanent (third

party) Custody order Proceed with

Guardianship